Sections 303 and 304 CrPC: Right to Defence and Free Legal Aid at State Expense
Sections 303 and 304 of the Code of Criminal Procedure, 1973 protect an accused person's access to legal representation. Section 303 recognizes the right to be defended by a pleader of the person's choice, while Section 304 requires State-funded legal assistance in specified cases where an accused before a Court of Session lacks sufficient means to engage a pleader.
Section 303 CrPC - Right of person against whom proceedings are instituted to be defended
Meaning: Section 303 gives a person accused of an offence before a Criminal Court, or a person against whom proceedings are instituted under the CrPC, the right to be defended by a pleader of that person's choice.
Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Code, may as of right be defended by a pleader of his choice.
The provision therefore recognizes the accused person's freedom to choose legal representation. It applies not only to a person formally accused of an offence before a Criminal Court but also to a person against whom proceedings are instituted under the Code.
Section 304 CrPC - Legal aid to accused at State expense in certain cases
Meaning: Section 304 provides for legal representation at State expense where, in a trial before a Court of Session, the accused is unrepresented and does not have sufficient means to engage a pleader.
Section 304(1) - Court to assign a pleader
Where an accused in a trial before the Court of Session is not represented by a pleader and the Court finds that the accused lacks sufficient means to engage one, the Court must assign a pleader for the defence at State expense.
Section 304(2) - Rules concerning legal-aid pleaders
With the previous approval of the State Government, the High Court may make rules dealing with the mode of selecting defence pleaders, facilities to be provided to them by Courts, their fees payable by Government, and matters necessary to carry out Section 304(1).
Section 304(3) - Extension to trials before other Courts
The State Government may, by notification, extend the provisions of Section 304(1) and 304(2) to specified classes of trials before other Courts in the State, in the same manner as they apply to trials before Courts of Session.
Difference between Sections 303 and 304 CrPC
Section 303 concerns the right of a person to be defended by a pleader of choice. Section 304 addresses a different situation: an accused who is unrepresented and lacks sufficient means to engage a pleader. In the circumstances stated in Section 304, legal representation is provided at State expense.
Position after commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the CrPC as the principal criminal procedure legislation, subject to its repeal and savings framework. For a proceeding governed by the pre-BNSS law, the applicable CrPC provisions and savings rules should be checked according to the facts and procedural stage of the case.